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Morning Docket: 04.23.14

4 minutes agoIndustries / Law : Above the Law

Duck Season! Rabbit Season! Duck Season! Human Season! $275,000 lawsuit filed after duck attack. [KATU] Following Moody’s downgrade of Vermont Law School, three other law schools see their credit join the ranks of junk bonds. [Tax Prof Blog] Lobbying firms are making money again. Show More Summary

Five Illinois Cops Are Caught Lying On The Stand When Defense Produces A Recording Contradicting Their Testimony

24 minutes agoIndustries / Law : Techdirt

Cops lie. Citizens know this. Defense attorneys know this. Prosecutors know this. Most importantly, judges know this. But rarely does it have any effect on the outcome of the case at hand. But in what has been described as a "Perry Mason moment," five Illinois police officers were caught lying on the stand. Show More Summary

Who Counts as Black?

The Sixth Circuit just handed a resounding defeat to the EEOC in its disparate impact challenge to Kaplan Higher Education Corp.'s use of credit history to select employees, including those who will have access to student financial information. The opening...

Off Label Use Does Not Establish a False Claim

Part of what makes holidays special is telling and listening to the same stories over and over. The things in the stories that dazzled us when we were young fade or lose their impact, but then other nuances in the stories strike our more mature selves as pertinent or poignant. Show More Summary

Protests Mount Against Mexico's Proposed Telecommunications Law, Which Would Bring In Censorship, Allow Real-time Surveillance And Kill Net Neutrality

2 hours agoIndustries / Law : Techdirt

Many people will be familiar with the name Carlos Slim as intermittently the richest person in the world, generally vying with Bill Gates for that title. Some will probably be aware that his huge fortune -- currently listed as $69.67 billion in his Wikipedia entry -- is derived from a business empire based on telecommunications. Show More Summary

UK Filters And The Slippery Slope Of Mass Censorship

5 hours agoIndustries / Law : Techdirt

We've covered the ridiculousness of the UK's "voluntary" web filters. UK officials have been pushing such things for years and finally pushed them through by focusing on stopping "pornography" (for the children, of course). While itShow More Summary

On a computer case

8 hours agoIndustries / Law : Overlawyered

An amusing guarantee/waiver, via @fourgreenis on Twitter. Tweet Tags: wacky warnings On a computer case is a post from Overlawyered - Chronicling the high cost of our legal system

Schuette v. Coalition, in tweets

9 hours agoIndustries / Law : Overlawyered

Yesterday the U.S. Supreme Court, over two dissents, ruled that the voters of Michigan were within their rights under the Constitution’s Equal Protection Clause to enact an amendment to the state constitution barring racial preference in public university admissions. Show More Summary

NIST Finally Removes NSA-Compromised Crypto Algorithm From Random Number Generator Recommendations

9 hours agoIndustries / Law : Techdirt

Back in December, it was revealed that the NSA had given RSA $10 million to push weakened crypto. Specifically, RSA took $10 million to make Dual Elliptic Curve Deterministic Random Bit Generator, better known as Dual_EC_DRBG, as the default random number generator in its BSAFE offering. Show More Summary

Court Expands Doctrine of Obviousness Type Double Patenting

By Dennis Crouch Gilead Sciences v. Natco Pharma (Fed. Cir. 2014) Gilead’s two virus inhibition patents at issue in this case are quite similar to one another, although there is no priority claim creating an official family relationship between the patents. Patent Nos. 5,763,483 and 5,952,375. In a not-uncommon fashion, the application resulting in the […]

Sorry for the Down Time

As you may or may not know, the TypePad service that hosts this blog is down. It apparently came under DDoS attack last week, and now the issue has something to do with the domain mapping. The words are still...          Related Stories Get a Smell at These Emails Peeps in Law Contest: Voting is Open Today's Huffington Post Segment  

Quentin Tarantino's Gawker Lawsuit Dismissed But Can Be Refiled

A judge grants the website's motion to dismiss the suit over the leaked "Hateful Eight" script because the director "failed to adequately plead facts establishing direct infringement" by people who clicked on the link. read more

Separate IMEs Denied for Cervical Spine/Carpal Tunnel Injuries

12 hours agoIndustries / Law : Tort Talk

In his recent decision in the case of DiGiacinto v. Obelinas, No. 2009-CV-8085 (C.P. Lacka. Co. April 17, 2014 Nealon, J.), Judge Terrence R. Nealon addressed the issue of whether a Plaintiff may be compelled to attend two separate IMEs...Show More Summary

DailyDirt: Creepy, Crawly Robots

13 hours agoIndustries / Law : Techdirt

Robots that mimic biological organisms can take advantage of centuries (or more) of evolution to perform various tasks. Robot locomotion that cheats off nimble animals could be more adaptable in natural environments -- and animal-inspired...Show More Summary

The Decision: The Conservative Choice

14 hours agoIndustries / Law : Above the Law

How much of a discount would you need from Duke to turn down Chicago?

Intellectual Ventures Big Case Shut Down By Judge Over Completely Bogus Patents

14 hours agoIndustries / Law : Techdirt

Late last fall, we highlighted some very questionable practices by Intellectual Ventures in suing a bunch of big banks for patent infringement. Our focus was on a particular patent, 6,182,894, which was initially assigned to American...Show More Summary

Appeals Court Strikes Down Ohio Hospital Merger in Win for FTC

The unanimous decision by a three-judge panel of the Sixth U.S. Circuit Court of Appeals in Cincinnati comes amid growing concerns about hospital mergers and their effect on prices against the backdrop of America's health-care uphea...

OK, Michigan Can Ban Affirmative Action

On the surface, the Supreme Court’s decision today to uphold Michigan’s ban on affirmative action looks pretty placid. “This case is not about the constitutionality, or the merits, of race-conscious admissions policies in higher education,” Justice Anthony Kennedy hastens to reassure in his pro-ban opinion. Show More Summary

US Promoting Mesh Networks; Reporters Misleadingly Think They Somehow Stop Digital Spying

15 hours agoIndustries / Law : Techdirt

A recent article in the NY Times talked about how the US State Department is behind a project to build up mesh networks that can be used in countries with authoritarian governments, helping citizens of those places access an internet that is often greatly limited. Show More Summary

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